Believing as I do that the General Convention regarded a
provision within the Constitution for deciding in a peaceable
& regular mode all cases arising in the course of its
operation, as essential to an adequate System of Govt. that
it intended the Authority vested in the Judicial Department
as a final resort in relation to the States, for cases
resulting to it in the exercise of its functions, (the concurrence
of the Senate chosen by the State Legislatures, in
appointing the Judges, and the oaths & official tenures of
these, with the surveillance of public Opinion, being relied
on as guarantying their impartiality); and that this intention
is expressed by the articles declaring that the federal
Constitution & laws shall be the supreme law of the land,
and that the Judicial Power of the U. S. shall extend to all
cases arising under them: Believing moreover that this was
the prevailing view of the subject when the Constitution
was adopted & put into execution; that it has so continued
thro' the long period which has elapsed; and that even at
this time an appeal to a national decision would prove that
no general change has taken place: thus believing I have
never yielded my original opinion indicated in the "Federalist"
No. 39 to the ingenious reasonings of Col: Taylor
agst. this construction of the Constitution.